Dr.

Shakuntala Misra
National Rehabilitation
University

Under the Supervision of – “Dr. Ram Naval”

Academic Session – 2024 – 2025
Topic – “Meaning and Definition of Geographical Indication”

Submitted To Submitted By

Dr. Ram Naval Muskaan Bano

Faculty of Law B. Com LL. B (Hons) VIth Semester

DSMNRU, Lucknow. DSMNRU, Lucknow.

 Table of Content
Cover Page--------------------------------------------------------------------------------------------------1
Acknowledgement------------------------------------------------------------------------------------------3
Meaning & Definition of Geographical Indication----------------------------------------------------4
Types of Product Under Geographical Indication------------------------------------------------------4
Laws & Treaties Under Geographical Indication------------------------------------------------------5
Registered Products Under Geographical Indication--------------------------------------------------5
Objective of Geographical Indication--------------------------------------------------------------------6
Issuing of Geographical Tag In India--------------------------------------------------------------------7
Register of Geographical Indications--------------------------------------------------------------------8
Indian Law for Geographical Indications In India-----------------------------------------------------9
Benefits of Geographical Indication--------------------------------------------------------------------10
Conclusion-------------------------------------------------------------------------------------------------11
Bibliography-----------------------------------------------------------------------------------------------12

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 Acknowledgement
I would like to acknowledge and give my warmest thanks to my supervisor (“Dr. Ram Naval”)
who made this work possible. His guidance and advice carried me through all the stages of
writing my project. I would also like to thank my classmates for letting my defense be an
enjoyable moment, and for your brilliant comments and suggestions, thanks to you.

I would also like to give special thanks to my family for their continuous support and
understanding when undertaking my research and writing my project. Your prayer for me was
what sustained my this far.

Finally, I would like to thank God, for letting me through all the difficulties. I have experienced
your guidance day by day. You are the one who will let me finish my degree. I will keep on
busting you for my future.

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 Meaning & Definition of Geographical
Indication
Geographical Indication (GI) is a sign used on a product that originates from a specific
geographical location. The product must possess reputation and qualities of the place of origin.
GI are generally registered on products produced by rural, marginal and indigenous
communities over generations that have garnered massive reputation at the international and
national level due to some of its unique qualities. GI tag gives the right to only those registered
users the right to use the product name, and prevents others from using the product name that
does not meet the standards prescribed.

A geographical indication (GI) is a sign used on products that have a specific geographical
origin and ensures good qualities or a reputation in the region. A Geographical Indication (GI)
is a name or symbol used to check the duplicity of the products related to agriculture,
machinery, and sweets etc. GI tag is issued to a specific geographical location (area, or country,
or state).

Worth to mention that a protected geographical indication does not entitle the holder to prevent
someone from making a product using the same techniques that is used in the standards for that
indication.

Geographical Indication – Types of Product

GI tags are used on the following types of products.

1. Handicrafts – Examples would be Madhubani Paintings, Mysore Silk

2. Food items – Example would be Tirupati Laddu, Rasgulla.

3. Wine & Drinks – Example would be Champagne, Cognac of France; Scotch Whisky
of UK, Tequila of Mexico.

4. Industrial Products

5. Agricultural Products – Basmati Rice

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 Geographical Indications – Laws & Treaties

There are many laws and treaties enacted by the World Intellectual Property Organisation
(WIPO) and World Trade Organisation (WTO) for the protection of Geographical
Indications.

WIPO

1. Paris Convention for the Protection of Industrial Property

Overview:

 Adopted: 1883

 Purpose: This is one of the earliest international treaties to protect intellectual

property, including GIs, patents, trademarks, industrial designs, and unfair
competition.

Provisions Related to GIs:

 Article 1(2): Recognizes the protection of industrial property in the broad sense,
including geographical indications.

 Article 10: Provides measures against direct or indirect use of a false indication of the
source of goods.

 Article 10bis: Addresses unfair competition, which can encompass misleading

geographic indications.

Significance:

 The Paris Convention laid the foundational principles for protecting GIs
internationally and is still a cornerstone in the global intellectual property system.

2. Madrid Agreement for the Repression of False or Deceptive Indications of

Source on Goods

Overview:

 Adopted: 1891

 Purpose: Specifically targets the prevention of false or deceptive indications of the

source of goods.

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Provisions:

 Article 1: Obliges member states to seize goods that falsely indicate a geographical
origin if imported, manufactured, or exported from that country.

 Article 2: Provides for remedies against such goods, including seizure, prohibiting
sale, and other legal actions.

Significance:

 The Madrid Agreement strengthens the measures introduced in the Paris Convention
by focusing explicitly on the misrepresentation of the geographical origin of goods,
providing more specific enforcement mechanisms.

3. Lisbon Agreement for the Protection of Appellations of Origin and their

International Registration

Overview:

 Adopted: 1958

 Purpose: Aims to provide a system for the international protection of appellations of

origin and their registration.

Provisions:

 Article 1: Defines appellations of origin and establishes the basis for their protection.

 Article 3: Provides for the international registration of appellations of origin with

WIPO, ensuring their protection in all member states.

 Article 5: Outlines procedures for the international registration of an appellation of

origin.

Significance:

 The Lisbon Agreement offers a robust framework for the international recognition
and protection of appellations of origin, providing a higher level of protection
compared to the Paris and Madrid Agreements.

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Recent Developments:

 The Geneva Act of the Lisbon Agreement (2015) modernized the system to include
GIs alongside appellations of origin, extending its scope and making it more flexible
for new member countries.

WTO

The main Agreement under WTO for protection of Geographical Indications is listed below.

1. Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement

Laws Passed in India

Government of India enacted Geographical Indications of Goods (Registration and

Protection) Act, 1999. This act came into force in September, 2003.

Geographical Indication - Registered Products of India

 As of March 2020, India had registered 361 Geographical Indication Products.

 Registration of GI’s began in the year 2004-05 after the above mentioned law came
into effect in 2003.

 Darjeeling Tea of West Bengal was the first product to receive the GI tag in India.
Both the product and the logo received the GI tag.

 In the first year apart from Darjeeling Tea, the other products to receive GI tags were
Aranmula Kannadi a Handicraft from Kerala, Pochampalli Ikat a Handicraft from
Telangana.

 The latest 4 products to receive GI tags were Dindigul Locks, manufactured product
from Tamil Nadu, Kandangi Saree a handicraft of Tamil Nadu, Srivilliputtur Palkova
Food stuff of Tamil Nadu, and the 361st GI product (the last product to receive GI
Tag as of March 2020), is Kaji Nemu an agricultural product of Assam.

 Out of 361 GI products registered in India, 15 products are originating from 9

different countries – Italy, France, UK, USA, Ireland, Mexico, Thailand, Peru,
Portugal.

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Geographical Indications – Origin from Different States

 There are some products which have its origins from different states, in such a
scenario the origin will be mentioned as India.

 Phulkari Handicraft – Origin from Punjab, Haryana, Rajasthan.

 Warli Painting – Maharashtra, Gujarat, Daman & Diu

 Malabar Robusta Coffee – Kerala & Karnataka

Geographical Indications – States in India

 Karnataka has the highest registered GI products in India. It has 42 GI products.

 Tamil Nadu has the 2nd highest GI registered products. It has 35 GI products.

 Maharashtra has the 3rd highest GI registered products. It has 30 GI products.

 Jharkhand has no GI’s registered.

 Haryana and Punjab does not have GI products registered under its name individually.

Objectives of Geographical Indication

The basic motive of the geographical indication Tag is to prevent unauthorised use of a
Registered Geographical Indication by others. The GI provides security to the new or unique
goods manufactured or produced by an individual or association of person etc.

Issuing of Geographical Tag In India

GI tags are issued as per the Geographical Indications of Goods (Registration and Protection)
Act,1999. This tag is issued by the Geographical Indication Registry under the Department of
Industry Promotion and Internal Trade, Ministry of Commerce and Industry.

Examples of the GI Tag in India:-

Geographical Indication Goods State

1. Darjeeling Tea Agriculture West Bengal
2. Aranmulla Kannadi Handicraft Kerala
3. Pochampalli Ikat Handicraft Telangana

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 4. Salem Fabric Handicraft Tamil Nadu
5. Chnaderi Sarees Handicraft Madhya Pradesh
6. Solapur Chaddar Handicraft Maharashtra
7. Solapur Terry Towel Handicraft Maharashtra
8. Kotpad Handloom
Handicraft Odisha
fabric
9. Mysore Silk Handicraft Karnataka

Register of Geographical Indications

The Register of Geographical Indications is a record kept at the head office of the Geographical
Indications Registry. All material particulars in respect of the registered GI and the authorized
users are kept in the register. The particulars are: the names, addresses and descriptions of the
proprietors and the authorized users; other particulars that may be prescribed.

The register(s) can be maintained wholly, or partly in electronic form. The Register has two
parts: Part A contains particular of the GI; while Part B contains particulars of the authorized
users. Such registers may be maintained wholly or partly on computer. The Registrar can keep
the records wholly or partly in computer floppies or diskettes or in any other electronic form,
subject to prescribed safeguards. A copy of the register and such other documents as may be
notified by the Central Government in the official Gazette are kept at the GI Registry.

Indian Law for Geographical Indications

India has put in place a Sui Generis system of legislation for G.I. security as well as G.I.
protection in particular. “Sui Generis” can be termed as of its own kind and which involves
laws which are recognized nationally. The laws relating to the preservation of G.I.s in India are
the „Geographical Indications (Registration and Protection) Act, 1999‟ (G.I. Act), and the
„Geographical Indications (Registration and Protection of Goods) Rules, 2002 (G.I. Rules).
India enacted its G.I. law for the country to enforce national intellectual property laws in
compliance with India‟s obligations under TRIPS. Under the G.I. Act, under the G.I. Act, since
15 September 2003, the Central Government has established a Geographical Indication
Registry in Chennai, with the jurisdiction of PanIndia, where rights holders can register their
G.I.

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 Benefits of Geographical Indication

Geographical Indications (GIs) offer numerous benefits for producers, consumers, and regions.
The following are the key benefits:

 GIs allow producers to differentiate their products from competitors based on unique
qualities linked to the geographic origin.

 Products with GIs often command higher prices and can access premium markets,
leading to increased revenue for producers.
 GIs protect against misuse and imitation, ensuring that only authorized producers can
use the geographical name.
 Protecting GIs helps preserve traditional knowledge and methods of production,
fostering cultural heritage.
 Enhanced demand for GI products can stimulate local economies, create jobs, and
reduce rural migration.
 GIs provide consumers with a guarantee of quality and authenticity, as the products are
linked to a specific region and production methods.
 Consumers can make informed purchasing decisions based on the geographic origin
and associated qualities of the product.

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 Conclusion
Geographical Indication (GI) in India represents a crucial mechanism for protecting the unique
identity and origin-based reputation of goods. By securing GI status, products that have a
specific geographical origin and possess qualities or a reputation that are due to that origin gain
significant market advantage. This system helps in preserving the heritage and traditional
knowledge associated with the product, ensuring that the distinctive characteristics attributed
to its place of origin are maintained and recognized. Notably, GI status provides legal
protection against unauthorized use by ensuring that only those registered as authorized users
can use the GI label, thus preventing misrepresentation and misuse.

The GI framework in India, governed by the Geographical Indications of Goods (Registration

and Protection) Act of 1999, has successfully registered a diverse range of products. These
include agricultural products, handicrafts, textiles, and manufactured goods that are
intrinsically linked to the cultural and geographical attributes of specific regions. Examples
include Darjeeling tea, Mysore silk, and Pochampally Ikat. Such registrations not only help in
preserving the uniqueness of these products but also contribute to rural development by
boosting the local economy and providing sustainable livelihoods to artisans, farmers, and
manufacturers involved in the production.

However, the implementation of GI in India is not without challenges. The process of obtaining
GI registration can be complex and time-consuming, often requiring significant documentation
and evidence of the product's unique geographical origin and qualities. Additionally, there is a
need for increased awareness and education among producers and consumers about the benefits
of GI. Ensuring strict enforcement and preventing the infringement of GI rights are also critical
issues that need to be addressed. Moreover, there is a need for better marketing strategies to
effectively leverage GI status in both domestic and international markets.

In conclusion, the Geographical Indication system in India plays a vital role in protecting and
promoting products that are uniquely tied to the country's diverse geographical and cultural
landscapes. While there have been significant achievements in registering and safeguarding
various goods, ongoing efforts are required to streamline the registration process, enhance
enforcement mechanisms, and boost awareness among stakeholders. By addressing these
challenges, India can fully harness the potential of GI to drive economic growth, preserve
cultural heritage, and enhance the global recognition of its unique products.

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 Bibliography
Primary Sources 
Book
Dr. Ishita Chatterjee’s, “Intellectual Property Rights” (2nd ed., Central Law Publications
2023).

Secondary Sources 
 https://byjus.com/free-ias-prep/making-india-gi-brand-conscious/

 https://www.jagranjosh.com/general-knowledge/geographical-indication-gi-tag-
meaning-objectives-and-faqs-1588846310-1

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